Michigan Disability Discrimination Law

Brian J Graber LLC is a Michigan disability discrimination lawyer representing Michigan employees discriminated against because of disability or genetic information that is unrelated to their ability to perform their job duties in violation of Michigan Disability Discrimination Law.

Michigan Disability Discrimination Law is known as the Persons With Disabilities Civil Rights Act, (hereinafter referred to as “PDCRA”) protects Michigan employees from employment discrimination on the basis of a disability or genetic information that is unrelated to their ability to perform their job duties. The PDCRA protects Michigan employees from retaliation for engaging in certain protected activities.

Michigan Disability Discrimination Law Applies to All Michigan Employers

The Michigan Disability Discrimination Law, PDCRA, MCL 37.1201(b) applies to any “person” having one or more employees, including an agent of such person. Michigan Disability Discrimination Law under the PDCRA is broader in scope to reach those Michigan employers who do not employ at least 15 or more employees to be covered under the Americans With Disabilities Act, (ADA), as required by 42 U.S.C. 12111(5)(A).

Michigan disability discrimination law under the PDCRA, MCL 37.1103(g) broadly defines the term “person” to include an individual, agent, association, corporation, labor union, partnership, the State of Michigan, or any other legal, commercial or governmental entity or agency and other entities. Therefore, Michigan disability discrimination law under the PDCRA applies to State and local governmental employers.

Michigan applicants and employees may have federal rights to be free from discrimination and retaliation on the basis of a disability and genetic information under the Americans With Disabilities Act and the Genetic Information Nondiscrimination Act. To learn more about your federal rights under the Americans With Disabilities Act and the Genetic Information Nondiscrimination Act click here.

Michigan Disability Discrimination Law Protects Against Employment Discrimination Because of A Disability or Genetic Information

Michigan disability discrimination law under the PDCRA, MCL 37.1202(1) makes it illegal for an employer to discriminate against an employee with a disability or because of genetic information. Under Michigan disability discrimination law, except as otherwise required by federal law, an employer shall not:

(a) Fail or refuse to hire, recruit, or promote an individual because of a disability or genetic information that is unrelated to the individual’s ability to perform the duties of a particular job or position.

(b) Discharge or otherwise discriminate against an individual with respect to compensation or terms, conditions, or privileges of employment, because of a disability or genetic information that is unrelated to the individual’s ability to perform duties of a particular job or position.

(c) Limit, segregate, or classify an employee or applicant for employment in any way which deprives or tends to deprive an individual of employment opportunities or otherwise adversely affects the status of an employee because of a disability or genetic information that is unrelated to the individuals ability to perform the duties of a particular job or position.

(d) Fail or refuse to hire, recruit, or promote an individual on the basis of physical or mental examinations that are not directly related to the requirements of the specific job.

(e) Discharge or take other discriminatory action against an individual on the basis of physical or mental examination that are not directly related to the requirements of the specific job.

(f) Fail or refuse to hire, recruit, or promote an individual when adaptive devises or aids may be utilized thereby enabling that individual to perform the specific requirements of the job.

(h) Require an individual to submit to a genetic test or to provide genetic information as a condition of employment or promotion. . . .

MCL 37.1202(1)(a)-(h)

Under the PDCRA, MCL 37.1202(2) the law does not prohibit an individual from voluntarily providing to an employer genetic information that is related to the employer’s health and safety in the workplace nor does it prohibit an employer from using genetic information received from an employee to protect the employee’s health or safety. However, under the PDCRA, MCL 37.1202(4) no employer may directly or indirectly acquire or have access to any genetic information concerning an employee or applicant for employment, or a member of the employee’s or applicant’s family.

Definition of “Disability” To Acquire Protection Under The Persons With Disabilities Civil Rights Act

An applicant or employee seeking protection from employment discrimination under Michigan disability discrimination law under the PDCRA must be a “person with a disability.” Michigan disability discrimination law under the PDCRA defines “disability” as meaning one or more of the following:

(i) A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic:

(A) For purposes of article 2, substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual’s ability to perform the duties of a particular job or position or substantially limits 1 or more of the major life activities of that individual and unrelated to the individual’s qualifications for employment or promotion. . . .

(ii) A history of a determinable physical or mental characteristic described in subparagraph (i).

(iii) Being regarded as having a determinable physical or mental characteristic described in subparagraph (i).

MCL 37.1103(d)

Under Michigan disability discrimination law, PDCRA, 37.1103(f), in the employment context, “disability” does not include either of the following:

1. A determinable physical or mental characteristic caused by the current illegal use of a controlled substance by that individual.
2. A determinable physical or mental characteristic caused by the use of an alcoholic liquor by that individual, if that physical or mental characteristic prevents that individual from performing the duties of his or her job.

In the employment context under the PDCRA, 37.1103(l)(i) the phrase “unrelated to the individual’s ability” means, with or without reasonable accommodation, an individual’s disability does not prevent the individual from performing the duties of a particular job or position.

Definition of “Genetic Information” Under The Persons With Disabilities Civil Rights Act

Under the PDCRA, MCL 37.1201(d) “genetic information” means information about a gene, gene product, or inherited characteristic of an individual derived from the individual’s family history or a genetic test. Under the PDCRA, the term “genetic test” means:

the analysis of human DNA, RNA, chromosomes, and those proteins and metabolites used to detect heritable or somatic disease-related genotypes or karyotypes for clinical purposes. A genetic test must be generally accepted in the scientific and medical communities as being specifically determinative for the presence, absence, or mutation of a gene or chromosome in order to qualify under this definition. Genetic test does not include a routine physical examination or a routine analysis including, but not limited to, a chemical analysis of body fluids unless conducted specifically to determine the presence, absence, or mutation of a gene or chromosome.

MCL 37.1201(e)

If you would like to learn more about your right to be free from employment discrimination on the basis of Michigan and federal law, contact BRIAN J GRABER LLC., a Michigan disability discrimination lawyer at (269) 230-6054 or by email for a free confidential consultation.

Burden of Proof For A Disability Employment Discrimination Claim

Generally, the PDCRA requires an employee or applicant has the burden of proving the following elements for a disability employment discrimination claim:

1. That he or she has a disability as defined above under MCL 37.1103(d);
2. That the employer took adverse employment action against them such as a termination of employment, failed to promote, or refused to hire;
3. that disability was one of the motives or reasons which made a difference in taking the adverse employment action against the applicant or employee; and
4. that he or she has suffered damages as a result of the adverse employment action.

Reasonable Accommodation Claims

Under Michigan disability discrimination law, PDCRA, MCL 37.1210(18) an employee may raise a failure to accommodate a claim only if the employee with the disability notifies his or her employer in writing of the need for the accommodation within 182 days after the employee knew or reasonably should have known that an accommodation was needed. However, under the PDCRA, MCL 37.1210(19) an employer waives the right to 182 days notice in writing required by MCL 37.1210(18) if the employer fails to use appropriate means to notify all employees and applicants of the 182 days written notice requirement.

Under the PDCRA, MCL 37.1210(1), the person with the disability bears the burden of proof on a failure to accommodate a claim. If the person with the disability proves a prima facie case, the employer bears the burden of producing evidence that the accommodation would impose an undue hardship on the employer and the person with the disability must bear the burden of proving by a preponderance of the evidence that the accommodation does not impose an undue hardship on that person.

Retaliation Claims Under the Persons With Disabilities Civil Rights Act

Michigan disability discrimination law under the PDCRA protects employees from retaliation for opposing violations of the PDCRA. Under the PDCRA, a person or 2 or more persons shall not do the following:

(a) Retaliate or discrimination against a person because the person has opposed a violation of this act, or because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this act.

(b) Aid, abet, incite, compel, or coerce a person to engage in a violation of this act.

(c) Attempt directly or indirectly to commit an act prohibited by this act.

(d) Willfully interfere with the performance of a duty or the exercise of a power by the commission or any of its authorized representatives.

(e) Willfully obstruct or prevent a person from complying with this act or an order issued. . . .

MCL 37.1602

If you would like to learn more about your rights under Michigan and federal law to be free from workplace retaliation, contact Brian J. Graber, a Michigan disability discrimination lawyer at (269) 230-6054 or by email to schedule a free confidential consultation.

Burden of Proof for Retaliation Claim Under The Persons With Disabilities Civil Rights Act

An employee claiming he or she was retaliated in violation of the PDCRA, MCL 37.1602 has the burden of proving:

1. He or she engaged in any of the protected activities described above under MCL 37.1602(a)-(e);
2. The employer knew about the employee’s protected activity;
3. That the employer took adverse employment action against the employee;
4. That there is a causal connection between the protected activity and the adverse employment action. To establish a causal connection, the employee must demonstrate that his or her participation in the protected activity was a significant factor in the employer’s adverse employment action.

Brian J Graber is a Michigan disability discrimination lawyer representing employees who have been discriminated against and retaliated against by their employers in violation of the Persons With Disabilities Civil Rights Act and federal anti-discrimination and retaliation laws. If you would like to learn more about your rights under Michigan’s Persons With Disabilities Civil Rights Act to be free from discrimination and retaliation, contact Brian J Graber, a Michigan disability discrimination lawyer at (269) 230-6054 for a free consultation or send an email requesting a free consultation.